I 

Union Calendar No. 36 

116TH CONGRESS 

1ST SESSION H. R. 299 

[Report No. 116–58] 

To amend title 38, United States Code, to clarify presumptions relating 

to the exposure of certain veterans who served in the vicinity of the 

Republic of Vietnam, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2019 

Mr. TAKANO (for himself, Mr. COURTNEY, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. SERRANO, Mr. NEAL, Mr. PETERS, Mrs. DAVIS of California, Mr. MCEACHIN, Mrs. DINGELL, Ms. KUSTER of New Hampshire, 

Mr. BISHOP of Georgia, Ms. NORTON, Ms. GABBARD, Ms. BROWNLEY of 

California, Mr. LIPINSKI, Mrs. NAPOLITANO, Mr. LOEBSACK, Mr. 

ENGEL, Ms. MENG, Mr. DEFAZIO, Mr. LANGEVIN, Ms. MCCOLLUM, Mr. 

CONNOLLY, Ms. CLARKE of New York, Mr. TONKO, Mr. BROWN of Maryland, Ms. SCHAKOWSKY, Mr. MASSIE, Mrs. WATSON COLEMAN, Mr. MICHAEL F. DOYLE of Pennsylvania, Miss RICE of New York, Mr. BEYER, 

Mr. KATKO, Mrs. MURPHY, Mr. SEAN PATRICK MALONEY of New York, 

Mr. CARBAJAL, Mr. KILDEE, Mr. RYAN, Mr. SABLAN, Ms. STEFANIK, 

Mr. SIRES, Mr. PALLONE, Ms. VELA ́ZQUEZ, Mr. LAWSON of Florida, Ms. 

PINGREE, Mr. POCAN, Mrs. BEATTY, Mr. CISNEROS, Mr. GARAMENDI, 

Mr. CORREA, Mr. HASTINGS, Mr. ESPAILLAT, Mr. PERLMUTTER, Ms. 

ADAMS, Mr. RUSH, Ms. TITUS, Mr. THOMPSON of Mississippi, Mr. CARTWRIGHT, Ms. KELLY of Illinois, Mr. SCHNEIDER, Mr. CICILLINE, Mr. 

AGUILAR, Mr. DUNCAN, Mr. O’HALLERAN, Mr. COHEN, Mr. KHANNA, 

Mr. FORTENBERRY, Mr. GONZALEZ of Texas, Mr. WELCH, Mr. BOST, 

Mr. SOTO, Mr. SWALWELL of California, Mr. LYNCH, Mr. FOSTER, Ms. 

BONAMICI, Mr. PASCRELL, Mr. LAMB, Mr. BARR, Mr. SCOTT of Virginia, 

Mr. BILIRAKIS, Mr. CA ́RDENAS, Mr. COOK, and Mr. PALAZZO) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs 


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MAY 10, 2019 

Additional sponsors: Mr. SCHRADER, Mr. LARSON of Connecticut, Ms. 

MOORE, Mr. CASTRO of Texas, Mr. SMITH of New Jersey, Mr. MOONEY

of West Virginia, Mr. MULLIN, Mr. KING of Iowa, Mr. PANETTA, Mr. 

LARSEN of Washington, Mr. SMITH of Washington, Mr. KILMER, Mr. 

KENNEDY, Mr. JOYCE of Ohio, Mr. RUPPERSBERGER, Mr. HILL of Arkansas, Mr. ZELDIN, Mr. MARINO, Ms. SEWELL of Alabama, Mr. CRIST, 

Mr. RODNEY DAVIS of Illinois, Mr. DELGADO, Mrs. BROOKS of Indiana, 

Mr. MARSHALL, Mr. RUTHERFORD, Mr. MCGOVERN, Mr. LAHOOD, Mr. 

PETERSON, Mr. FITZPATRICK, Mr. OLSON, Mr. GROTHMAN, Mr. JONES, 

Mr. SARBANES, Mr. KELLY of Pennsylvania, Mr. YOUNG, Mr. JOHNSON

of Ohio, Mr. VAN DREW, Mrs. LOWEY, Mr. DUFFY, Mr. BYRNE, Mr. 

BUCHANAN, Mr. BABIN, Mr. PAYNE, Mr. GIBBS, Mr. SENSENBRENNER, 

Mr. COLE, Mr. GIANFORTE, Mr. THOMPSON of Pennsylvania, Mr. 

KINZINGER, Mr. QUIGLEY, Ms. WATERS, Mr. THOMPSON of California, 

Mr. SHERMAN, Mr. WESTERMAN, Mr. POSEY, Mrs. TORRES of California, 

Mrs. WALORSKI, Mr. KIND, Mr. DESAULNIER, Mr. RESCHENTHALER, 

Mrs. LESKO, Mr. BERGMAN, Mr. BACON, Mr. TURNER, Mrs. LEE of Nevada, Mr. MAST, Mr. GALLAGHER, Mr. TIPTON, Mr. KEVIN HERN of 

Oklahoma, Mr. MITCHELL, Mr. LOWENTHAL, Mr. VISCLOSKY, Mr. 

ROUZER, Mr. SPANO, Mr. DAVID SCOTT of Georgia, Mr. BRINDISI, Mr. 

CASE, Miss GONZA ́LEZ-COLO ́N of Puerto Rico, Mr. MEADOWS, Mrs. 

BUSTOS, Mr. CROW, Mr. SMITH of Missouri, Mr. KIM, Mr. CRAWFORD, 

Mr. HURD of Texas, Mr. BURGESS, Mr. MEUSER, Mr. HECK, Mr. 

PAPPAS, Mr. STEUBE, Mr. LATTA, Ms. WEXTON, Mr. WATKINS, Mr. 

KING of New York, Mr. ROSE of New York, Mr. MCCLINTOCK, Mr. WEBSTER of Florida, Ms. SHERRILL, Ms. SHALALA, Mr. HORSFORD, Mrs. 

MILLER, Mrs. KIRKPATRICK, Ms. WILD, Mr. GUTHRIE, Mr. SIMPSON, 

Ms. HAALAND, Mr. GAETZ, Mr. AMASH, Mr. JOYCE of Pennsylvania, Mr. 

SUOZZI, Mr. COLLINS of New York, Mr. GOHMERT, Mrs. HARTZLER, Mr. 

GALLEGO, Ms. GRANGER, Mr. GRAVES of Missouri, Ms. DEAN, Mr. YARMUTH, Ms. HOULAHAN, Ms. KAPTUR, Mr. MALINOWSKI, Mr. DEUTCH, 

Mr. HIGGINS of New York, Mr. MCKINLEY, Mrs. CAROLYN B. MALONEY

of New York, Mr. MCCAUL, Ms. MATSUI, Ms. HILL of California, Ms. 

DEGETTE, Mr. LEVIN of California, Mr. RIGGLEMAN, Mr. BAIRD, Mr. 

PERRY, Ms. GARCIA of Texas, Mr. HUNTER, Mrs. LURIA, Mr. RICHMOND, Mr. WEBER of Texas, Ms. WILSON of Florida, Mr. HIMES, Ms. 

UNDERWOOD, Mr. WALDEN, Mr. LUJA ́N, Mr. CARSON of Indiana, Ms. 

MUCARSEL-POWELL, Mr. GONZALEZ of Ohio, Mr. AMODEI, Mr. RICE of 

South Carolina, Mr. BISHOP of Utah, Mr. NORMAN, Ms. KENDRA S. 

HORN of Oklahoma, Mr. RASKIN, Mr. DOGGETT, Mr. SCHIFF, Mr. 

LAMALFA, Mr. LEVIN of Michigan, Mr. RUIZ, Mr. WALBERG, Mr. NORCROSS, Ms. PORTER, Mr. TED LIEU of California, Ms. SCANLON, Ms. 

SLOTKIN, Mr. STAUBER, Ms. OMAR, Ms. HERRERA BEUTLER, Mr. 

GARCI ́A of Illinois, Mr. ALLRED, Mrs. AXNE, Ms. DELBENE, Ms. CASTOR

of Florida, Mr. CUNNINGHAM, Mr. HOLDING, Mr. SMITH of Nebraska, 

Mr. GOTTHEIMER, Ms. BASS, Mr. HUDSON, Mr. LUCAS, Mrs. 

RADEWAGEN, Mr. NEWHOUSE, Ms. ROYBAL-ALLARD, Mr. CLINE, Ms. 

FINKENAUER, Mr. GRAVES of Louisiana, Mr. STEIL, Mrs. CRAIG, Mr. 

HARDER of California, Mr. EMMER, Mr. KRISHNAMOORTHI, Ms. JOHNVerDate Sep 11 2014 02:26 May 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 \\ALPHA3\E\BILLS\H299.RH H299

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SON of Texas, Mr. VARGAS, Mr. HAGEDORN, Mr. VELA, Ms. LOFGREN, 

Mr. WITTMAN, Mr. COSTA, Mr. PRICE of North Carolina, Mr. CALVERT, 

Mr. LONG, Mr. MORELLE, Mr. PHILLIPS, Ms. SPEIER, Mr. REED, Mr. 

SAN NICOLAS, Mr. BERA, Mr. GRIFFITH, Mr. DANNY K. DAVIS of Illinois, Mr. JOHNSON of Georgia, Mr. MARCHANT, Mr. GOODEN, Ms. JUDY

CHU of California, Ms. DELAURO, Ms. TORRES SMALL of New Mexico, 

Mr. ARMSTRONG, Mr. UPTON, Mr. PENCE, Mr. ABRAHAM, Mr. 

MOULTON, Ms. SPANBERGER, Ms. ESCOBAR, Mr. ROUDA, Ms. JACKSON

LEE, Mr. CUELLAR, Mrs. RODGERS of Washington, Mr. CLEAVER, Mr. 

COX of California, Mr. WILLIAMS, Mr. STIVERS, Ms. STEVENS, Mr. TAYLOR, Mr. BRADY, Mr. GOLDEN, Mrs. TRAHAN, Mr. CUMMINGS, Mr. 

VEASEY, Mr. CASTEN of Illinois, Ms. CLARK of Massachusetts, Ms. 

BLUNT ROCHESTER, Mr. JORDAN, Mr. ARRINGTON, Mr. SHIMKUS, Ms. 

SCHRIER, Mrs. HAYES, Mr. GREEN of Tennessee, Mr. CLOUD, Mr. 

TIMMONS, Mr. FLEISCHMANN, Ms. WASSERMAN SCHULTZ, Mr. BLUMENAUER, Mr. STANTON, and Ms. PRESSLEY

MAY 10, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 8, 2019] 


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A BILL 

To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who 

served in the vicinity of the Republic of Vietnam, and 

for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Blue Water Navy Viet5 nam Veterans Act of 2019’’. 

6 SEC. 2. CLARIFICATION OF PRESUMPTIONS OF EXPOSURE 

7 FOR VETERANS WHO SERVED IN VICINITY OF 

8 REPUBLIC OF VIETNAM. 

9 (a) IN GENERAL.—Chapter 11 of title 38, United 

10 States Code, is amended by inserting after section 1116 the 

11 following new section: 

12 ‘‘§ 1116A. Presumptions of service connection for vet13 erans who served offshore of the Republic 

14 of Vietnam 

15 ‘‘(a) SERVICE CONNECTION.—For the purposes of sec16 tion 1110 of this title, and subject to section 1113 of this 

17 title, a disease covered by section 1116 of this title becoming 

18 manifest as specified in that section in a veteran who, dur19 ing active military, naval, or air service, served offshore 

20 of the Republic of Vietnam during the period beginning on 

21 January 9, 1962, and ending on May 7, 1975, shall be con22 sidered to have been incurred in or aggravated by such serv23 ice, notwithstanding that there is no record of evidence of 

24 such disease during the period of such service. 


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1 ‘‘(b) EXPOSURE.—A veteran who, during active mili2 tary, naval, or air service, served offshore of the Republic 

3 of Vietnam during the period beginning on January 9, 

4 1962, and ending on May 7, 1975, shall be presumed to 

5 have been exposed during such service to an herbicide agent 

6 unless there is affirmative evidence to establish that the vet7 eran was not exposed to any such agent during that service. 

8 ‘‘(c) EFFECTIVE DATE OF AWARD.—(1) Except as pro9 vided by paragraph (2), the effective date of an award 

10 under this section shall be determined in accordance with 

11 section 5110 of this title. 

12 ‘‘(2)(A) Notwithstanding subsection (g) of section 5110 

13 of this title, the Secretary shall determine the effective date 

14 of an award based on a claim under this section for an 

15 individual described in subparagraph (B) by treating the 

16 date on which the individual filed the prior claim specified 

17 in clause (i) of such subparagraph as the date on which 

18 the individual filed the claim so awarded under this section. 

19 ‘‘(B) An individual described in this subparagraph is 

20 a veteran, or a survivor of a veteran, who meets the fol21 lowing criteria: 

22 ‘‘(i) The veteran or survivor submitted a claim 

23 for disability compensation on or after September 25, 

24 1985, and before January 1, 2020, for a disease cov25 ered by this section, and the claim was denied by reaVerDate Sep 11 2014 02:26 May 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 \\ALPHA3\E\BILLS\H299.RH H299

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1 son of the claim not establishing that the disease was 

2 incurred or aggravated by the service of the veteran. 

3 ‘‘(ii) The veteran or survivor submits a claim for 

4 disability compensation on or after January 1, 2020, 

5 for the same condition covered by the prior claim 

6 under clause (i), and the claim is approved pursuant 

7 to this section. 

8 ‘‘(d) DETERMINATION OF OFFSHORE.—Notwith9 standing any other provision of law, for purposes of this 

10 section, the Secretary shall treat a location as being offshore 

11 of Vietnam if the location is not more than 12 nautical 

12 miles seaward of a line commencing on the southwestern 

13 demarcation line of the waters of Vietnam and Cambodia 

14 and intersecting the following points: 

‘‘Points Geographic Names Latitude 

North 

Longitude 

East 

At Hon Nhan Island, Tho Chu Archipelago 

Kien Giang Province 9°15.0′ 103°27.0′ 

At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 8°22.8′ 104°52.4′ 

At Tai Lon Islet, Con Dao Islet in Con DaoVung Toa Special Sector 8°37.8′ 106°37.5′ 

At Bong Lai Islet, Con Dao Islet 8°38.9′ 106°40.3′ 

At Bay Canh Islet, Con Dao Islet 8°39.7′ 106°42.1′ 

At Hon Hai Islet (Phu Qui group of islands) 

Thuan Hai Province 9°58.0′ 109°5.0′ 

At Hon Doi Islet, Thuan Hai Province 12°39.0′ 109°28.0′ 

At Dai Lanh point, Phu Khanh Province 12°53.8′ 109°27.2′ 

At Ong Can Islet, Phu Khanh Province 13°54.0′ 109°21.0′ 


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‘‘Points Geographic Names Latitude 

North 

Longitude 

East 

At Ly Son Islet, Nghia Binh Province 15°23.1′ 109° 9.0′ 

At Con Co Island, Binh Tri Thien Province 17°10.0′ 107°20.6′ 

1 ‘‘(e) HERBICIDE AGENT.—In this section, the term 

2 ‘herbicide agent’ has the meaning given that term in section 

3 1116(a)(3) of this title.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by inserting after 

6 the item relating to section 1116 the following new item: 

‘‘1116A. Presumptions of service connection for veterans who served offshore of the 

Republic of Vietnam.’’. 

7 (c) IMPLEMENTATION.— 

8 (1) GUIDANCE.—Notwithstanding section 501 of 

9 such title, the Secretary of Veterans Affairs may issue 

10 guidance to implement section 1116A of title 38, 

11 United States Code, as added by subsection (a), before 

12 prescribing new regulations under such section. 

13 (2) UPDATES.—(A) Not later than 120 days 

14 after the date of the enactment of this Act, the Sec15 retary shall submit a report to the Committees on 

16 Veterans’ Affairs of the House of Representatives and 

17 the Senate regarding the plans of the Secretary— 

18 (i) to conduct outreach under subsection (d); 

19 and 

20 (ii) to respond to inquiries from veterans 

21 regarding claims for disability compensation 


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1 under section 1116A of title 38, United States 

2 Code, as added by subsection (a) of this section. 

3 (B) On a quarterly basis during the period be4 ginning on the date of the enactment of this Act and 

5 ending on the date on which regulations are pre6 scribed to carry out such section 1116A, the Secretary 

7 shall submit to the Committees on Veterans’ Affairs of 

8 the House of Representatives and the Senate updates 

9 on the status of such regulations. 

10 (3) PENDING CASES.— 

11 (A) AUTHORITY TO STAY.—The Secretary 

12 may stay a claim described in subparagraph (B) 

13 until the date on which the Secretary commences 

14 the implementation of such section 1116A. 

15 (B) CLAIMS DESCRIBED.—A claim de16 scribed in this subparagraph is a claim for dis17 ability compensation— 

18 (i) relating to the service and diseases 

19 covered by such section 1116A; and 

20 (ii) that is pending at the Veterans 

21 Benefits Administration or the Board of 

22 Veterans’ Appeals on or after the date of the 

23 enactment of this Act and before the date on 

24 which the Secretary commences the imple25 mentation of such section 1116A. 


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1 (d) OUTREACH.— 

2 (1) REQUIREMENT.—The Secretary of Veterans 

3 Affairs shall conduct outreach to inform veterans de4 scribed in paragraph (2) of the ability to submit a 

5 claim for disability compensation under section 

6 1116A of title 38, United States Code, as added by 

7 subsection (a). Such outreach shall include the fol8 lowing: 

9 (A) The Secretary shall publish on the 

10 website of the Department a notice that a vet11 erans described in paragraph (2) may submit or 

12 resubmit a claim for disability compensation 

13 under such section 1116A. 

14 (B) The Secretary shall notify in writing 

15 the veteran service organization community of 

16 the ability of veterans described in paragraph 

17 (2) to submit or resubmit claims for disability 

18 compensation under such section 1116A. 

19 (2) VETERAN DESCRIBED.—A veteran described 

20 in this paragraph is a veteran who, during active 

21 military, naval, or air service, served offshore of the 

22 Republic of Vietnam during the period beginning on 

23 January 9, 1962, and ending on May 7, 1975. 

24 (e) REPORTS.—Not later than January 1, 2021, and 

25 annually thereafter for two years, the Secretary of Veterans 


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1 Affairs shall submit to the Committees on Veterans’ Affairs 

2 of the House of Representatives and the Senate a report re3 garding claims for disability compensation under section 

4 1116A of title 38, United States Code, as added by sub5 section (a). Each report shall include, with respect to the 

6 calendar year preceding the report, disaggregated by the re7 gional offices of the Department of Veterans Affairs, the fol8 lowing: 

9 (1) The number of claims filed under such sec10 tion. 

11 (2) The number of such claims granted. 

12 (3) The number of such claims denied. 

13 (f) HEALTH CARE.—Section 1710(e)(4) of title 38, 

14 United States Code, is amended by inserting ‘‘(including 

15 offshore of such Republic as described in section 1116A(d) 

16 of this title)’’ after ‘‘served on active duty in the Republic 

17 of Vietnam’’. 

18 (g) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on January 1, 2020. 

20 SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE FOR CER21 TAIN VETERANS WHO SERVED IN KOREA. 

22 (a) IN GENERAL.—Chapter 11 of title 38, United 

23 States Code, is amended by inserting after section 1116A, 

24 as added by section 2, the following new section: 


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1 ‘‘§ 1116B. Presumption of herbicide exposure for cer2 tain veterans who served in Korea 

3 ‘‘(a) PRESUMPTION OF SERVICE-CONNECTION.—(1) 

4 For the purposes of section 1110 of this title, and subject 

5 to section 1113 of this title, a disease specified in subsection 

6 (b) that becomes manifest as specified in that subsection in 

7 a veteran described in paragraph (2) shall be considered 

8 to have been incurred or aggravated in the line of duty in 

9 the active military, naval, or air service, notwithstanding 

10 that there is no record of evidence of such disease during 

11 the period of such service. 

12 ‘‘(2) A veteran described in this paragraph is a veteran 

13 who, during active military, naval, or air service, served 

14 in or near the Korean Demilitarized Zone (DMZ), during 

15 the period beginning on September 1, 1967, and ending on 

16 August 31, 1971. 

17 ‘‘(b) DISEASES.—A disease specified in this subsection 

18 is— 

19 ‘‘(1) a disease specified in paragraph (2) of sub20 section (a) of section 1116 of this title that becomes 

21 manifest as specified in that paragraph; or 

22 ‘‘(2) any additional disease that— 

23 ‘‘(A) the Secretary determines in regula24 tions warrants a presumption of service-connec25 tion by reason of having positive association 

26 with exposure to an herbicide agent; and 


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1 ‘‘(B) becomes manifest within any period 

2 prescribed in such regulations. 

3 ‘‘(c) HERBICIDE AGENT.—For purposes of this section, 

4 the term ‘herbicide agent’ has the meaning given such term 

5 in section 1821(d) of this title.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections at 

7 the beginning of such chapter is amended by inserting after 

8 the item relating to section 1116A, as added by section 2, 

9 the following new item: 

‘‘1116B. Presumption of herbicide exposure for certain veterans who served in 

Korea.’’. 

10 (c) IMPLEMENTATION.— 

11 (1) GUIDANCE.—Notwithstanding section 501 of 

12 such title, the Secretary of Veterans Affairs may issue 

13 guidance to implement section 1116B of title 38, 

14 United States Code, as added by subsection (a), before 

15 prescribing new regulations under such section. 

16 (2) UPDATES.—(A) Not later than 120 days 

17 after the date of the enactment of this Act, the Sec18 retary shall submit a report to the Committees on 

19 Veterans’ Affairs of the House of Representatives and 

20 the Senate regarding the plans of the Secretary to re21 spond to inquiries from veterans regarding claims for 

22 disability compensation under section 1116B of title 

23 38, United States Code, as added by subsection (a) of 

24 this section. 


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1 (B) On a quarterly basis during the period be2 ginning on the date of the enactment of this Act and 

3 ending on the date on which regulations are pre4 scribed to carry out such section 1116B, the Secretary 

5 shall submit to the Committees on Veterans’ Affairs of 

6 the House of Representatives and the Senate updates 

7 on the status of such regulations. 

8 (3) PENDING CASES.— 

9 (A) AUTHORITY TO STAY.—The Secretary 

10 may stay a claim described in subparagraph (B) 

11 until the date on which the Secretary commences 

12 the implementation of section 1116B of title 38, 

13 United States Code, as added by subsection (a). 

14 (B) CLAIMS DESCRIBED.—A claim de15 scribed in this subparagraph is a claim for dis16 ability compensation— 

17 (i) relating to the service and diseases 

18 covered by such section 1116B; and 

19 (ii) that is pending at the Veterans 

20 Benefits Administration or the Board of 

21 Veterans’ Appeals on or after the date of the 

22 enactment of this Act and before the date on 

23 which the Secretary commences the imple24 mentation of such section 1116B. 


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1 (d) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on January 1, 2020. 

3 SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN THAILAND 

4 SERVICE VETERANS BORN WITH SPINA 

5 BIFIDA. 

6 (a) IN GENERAL.—Subchapter III of chapter 18 of 

7 title 38, United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 1822. Benefits for children of certain Thailand 

10 service veterans born with spina bifida 

11 ‘‘(a) BENEFITS AUTHORIZED.—The Secretary may 

12 provide to any child of a veteran of covered service in Thai13 land who is suffering from spina bifida the health care, vo14 cational training and rehabilitation, and monetary allow15 ance required to be paid to a child of a Vietnam veteran 

16 who is suffering from spina bifida under subchapter I of 

17 this chapter as if such child of a veteran of covered service 

18 in Thailand were a child of a Vietnam veteran who is suf19 fering from spina bifida under such subchapter. 

20 ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.—This sec21 tion applies with respect to all forms and manifestations 

22 of spina bifida, except spina bifida occulta. 

23 ‘‘(c) VETERAN OF COVERED SERVICE IN THAILAND.— 

24 For purposes of this section, a veteran of covered service 


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1 in Thailand is any individual, without regard to the char2 acterization of that individual’s service, who— 

3 ‘‘(1) served in the active military, naval, or air 

4 service in Thailand, as determined by the Secretary 

5 in consultation with the Secretary of Defense, during 

6 the period beginning on January 9, 1962, and ending 

7 on May 7, 1975; and 

8 ‘‘(2) is determined by the Secretary, in consulta9 tion with the Secretary of Defense, to have been ex10 posed to a herbicide agent during such service in 

11 Thailand. 

12 ‘‘(d) HERBICIDE AGENT.—For purposes of this section, 

13 the term ‘herbicide agent’ means a chemical in a herbicide 

14 used in support of United States and allied military oper15 ations in Thailand, as determined by the Secretary in con16 sultation with the Secretary of Defense, during the period 

17 beginning on January 9, 1962, and ending on May 7, 

18 1975.’’. 

19 (b) CONFORMING AMENDMENT TO DEFINITION OF

20 ‘‘CHILD’’.—Section 1831(1) of such title is amended— 

21 (1) in subparagraph (B)— 

22 (A) by striking ‘‘subchapter III of this 

23 chapter’’ and inserting ‘‘section 1821 of this 

24 title’’; and 


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1 (B) in clause (i), by striking ‘‘section 1821 

2 of this title’’ and inserting ‘‘that section’’; and 

3 (2) by adding at the end the following new sub4 paragraph: 

5 ‘‘(C) For purposes of section 1822 of this 

6 title, an individual, regardless of age or marital 

7 status, who— 

8 ‘‘(i) is the natural child of a veteran of 

9 covered service in Thailand (as determined 

10 for purposes of that section); and 

11 ‘‘(ii) was conceived after the date on 

12 which that veteran first entered service de13 scribed in subsection (c) of that section.’’. 

14 (c) CLERICAL AMENDMENTS.— 

15 (1) SUBCHAPTER HEADING.—The heading for 

16 subchapter III of chapter 18 of such title is amended 

17 by inserting ‘‘AND THAILAND’’ after ‘‘KOREA’’. 

18 (2) TABLE OF SECTIONS.—The table of sections 

19 at the beginning of chapter 18 of such title is amend20 ed— 

21 (A) by striking the item relating to sub22 chapter III and inserting the following new item: 

‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE

VETERANS BORN WITH SPINA BIFIDA’’; 

23 and 


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1 (B) by inserting after the item relating to 

2 section 1821 the following new item: 

‘‘1822. Benefits for children of certain Thailand service veterans born with spina 

bifida.’’. 

3 (d) IMPLEMENTATION.— 

4 (1) GUIDANCE.—Notwithstanding section 501 of 

5 such title, the Secretary of Veterans Affairs may issue 

6 guidance to implement section 1822 of title 38, 

7 United States Code, as added by subsection (a), before 

8 prescribing new regulations under such section. 

9 (2) UPDATES.—(A) Not later than 120 days 

10 after the date of the enactment of this Act, the Sec11 retary shall submit a report to the Committees on 

12 Veterans’ Affairs of the House of Representatives and 

13 the Senate regarding the plans of the Secretary to re14 spond to inquiries from veterans regarding claims for 

15 disability compensation under section 1822 of title 

16 38, United States Code, as added by subsection (a) of 

17 this section. 

18 (B) On a quarterly basis during the period be19 ginning on the date of the enactment of this Act and 

20 ending on the date on which regulations are pre21 scribed to carry out such section 1822, the Secretary 

22 shall submit to the Committees on Veterans’ Affairs of 

23 the House of Representatives and the Senate updates 

24 on the status of such regulations. 


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1 (3) PENDING CASES.— 

2 (A) AUTHORITY TO STAY.—The Secretary 

3 may stay a claim described in subparagraph (B) 

4 until the date on which the Secretary commences 

5 the implementation of section 1822 of title 38, 

6 United States Code, as added by subsection (a). 

7 (B) CLAIMS DESCRIBED.—A claim de8 scribed in this subparagraph is a claim for bene9 fits— 

10 (i) relating to the spina bifida and 

11 service covered by such section 1822; and 

12 (ii) that is pending at the Veterans 

13 Benefits Administration or the Board of 

14 Veterans’ Appeals on or after the date of the 

15 enactment of this Act and before the date on 

16 which the Secretary commences the imple17 mentation of such section 1822. 

18 (e) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary of Veterans Af20 fairs, in consultation with the Secretary of Defense, shall 

21 submit to the Committees on Veterans’ Affairs of the House 

22 of Representatives and the Senate a report identifying— 

23 (1) the military installations of the United 

24 States located in Thailand during the period begin25 ning on January 9, 1962, and ending on May 7, 


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1 1975, at which an herbicide agent (as defined in sec2 tion 1822 of title 38, United States Code, as added 

3 by subsection (a)) was actively used; and 

4 (2) the period of such use. 

5 (f) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect on January 1, 2020. 

7 SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS 

8 STUDY. 

9 Not later than 180 days after the date of the enactment 

10 of this Act, the Secretary of Veterans Affairs shall submit 

11 to the Committees on Veterans’ Affairs of the House of Rep12 resentatives and the Senate an updated report on the find13 ings, as of the date of the updated report, of the Follow14 up Study of a National Cohort of Gulf War and Gulf Era 

15 Veterans under the epidemiology program of the Depart16 ment of Veterans Affairs. 

17 SEC. 6. LOANS GUARANTEED UNDER HOME LOAN PROGRAM 

18 OF DEPARTMENT OF VETERANS AFFAIRS. 

19 (a) ADJUSTMENT OF LOAN LIMIT.— 

20 (1) IN GENERAL.—Section 3703(a)(1) of title 38, 

21 United States Code, is amended— 

22 (A) in subparagraph (A)— 

23 (i) in clause (i)(IV), by striking ‘‘the 

24 lesser of the maximum guaranty amount 

25 (as defined in subparagraph (C)) or’’; 


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1 (ii) in clause (ii), by striking ‘‘sub2 paragraph (B) of this paragraph’’ and in3 serting ‘‘subparagraph (B) or (C)’’; 

4 (B) in subparagraph (B)— 

5 (i) by striking ‘‘The maximum’’ and 

6 inserting ‘‘With respect to loans described 

7 in subclauses (I), (II), or (III) of subpara8 graph (A)(i), the maximum’’; and 

9 (ii) by striking ‘‘or in the case’’ and 

10 all that follows through ‘‘subparagraph 

11 (C)),’’; and 

12 (C) by striking subparagraph (C) and in13 serting the following new subparagraph (C): 

14 ‘‘(C)(i) With respect to loans described in subclause 

15 (IV) of subparagraph (A)(i) made to a veteran not covered 

16 by clause (ii), the maximum amount of guaranty entitle17 ment available to the veteran shall be 25 percent of the loan. 

18 ‘‘(ii) With respect to loans described in subclause (IV) 

19 of subparagraph (A)(i) made to a covered veteran, the max20 imum amount of guaranty entitlement available to the vet21 eran shall be 25 percent of the Freddie Mac conforming loan 

22 limit, reduced by the amount of entitlement previously used 

23 by the veteran under this chapter and not restored as a re24 sult of the exclusion in section 3702(b) of this title. 

25 ‘‘(iii) In this subparagraph: 


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1 ‘‘(I) The term ‘covered veteran’ means a veteran 

2 who has previously used entitlement under this chap3 ter and for whom the full amount of entitlement so 

4 used has not been restored as a result of the exclusion 

5 in section 3702(b) of this title. 

6 ‘‘(II) The term ‘Freddie Mac conforming loan 

7 limit’ means the limit determined under section 

8 305(a)(2) of the Federal Home Loan Mortgage Cor9 poration Act (12 U.S.C. 1454(a)(2)) for a single-fam10 ily residence, as adjusted for the year involved.’’. 

11 (2) LOANS TO NATIVE AMERICAN VETERANS.— 

12 Section 3762(c) of such title is amended— 

13 (A) by striking paragraph (1); and 

14 (B) by redesignating paragraphs (2) and 

15 (3) as paragraphs (1) and (2), respectively. 

16 (3) CONFORMING AMENDMENT.—Section 

17 3710(d)(4) of such title is amended by striking ‘‘sec18 tion 3703(a)(1)(B) of this title’’ and inserting ‘‘sub19 paragraph (B) or (C) of section 3703(a)(1) of this 

20 title’’. 

21 (b) ADJUSTMENT OF LOAN FEES.—Section 3729(b)(2) 

22 of title 38, United States Code, is amended by striking the 

23 loan fee table and inserting the following: 


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‘‘Type of loan Active duty 

veteran Reservist Other obligor 

(A)(i) Initial loan described in section 

3710(a) to purchase or construct a 

dwelling with 0-down, or any other 

initial loan described in section 

3710(a) other than with 5-down or 

10-down (closed on or after October 

1, 2004, and before January 1, 2020) 

2.15 2.40 NA 

(A)(ii) Initial loan described in section 

3710(a) to purchase or construct a 

dwelling with 0-down, or any other 

initial loan described in section 

3710(a) other than with 5-down or 

10-down (closed on or after January 

1, 2020, and before January 1, 2022) 

2.30 2.30 NA 

(A)(iii) Initial loan described in section 

3710(a) to purchase or construct a 

dwelling with 0-down, or any other 

initial loan described in section 

3710(a) other than with 5-down or 

10-down (closed on or after January 

1, 2022, and before October 1, 2029) 

2.15 2.15 NA 

(A)(iv) Initial loan described in section 

3710(a) to purchase or construct a 

dwelling with 0-down, or any other 

initial loan described in section 

3710(a) other than with 5-down or 

10-down (closed on or after October 

1, 2029) 

1.40 1.40 NA 

(B)(i) Subsequent loan described in section 3710(a) to purchase or construct 

a dwelling with 0-down, or any other 

subsequent loan described in section 

3710(a) (closed on or after October 1, 

2004, and before January 1, 2020) 

3.30 3.30 NA 

(B)(ii) Subsequent loan described in 

section 3710(a) to purchase or construct a dwelling with 0-down, or 

any other subsequent loan described 

in section 3710(a) (closed on or after 

January 1, 2020, and before January 1, 2022) 

3.60 3.60 NA 

(B)(iii) Subsequent loan described in 

section 3710(a) to purchase or construct a dwelling with 0-down, or 

any other subsequent loan described 

in section 3710(a) (closed on or after 

January 1, 2022, and before October 

1, 2029) 

3.30 3.30 NA 


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‘‘Type of loan Active duty 

veteran Reservist Other obligor 

(B)(iv) Subsequent loan described in 

section 3710(a) to purchase or construct a dwelling with 0-down, or 

any other subsequent loan described 

in section 3710(a) (closed on or after 

October 1, 2029) 

1.25 1.25 NA 

(C)(i) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 5-down (closed before 

January 1, 2020) 

1.50 1.75 NA 

(C)(ii) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 5-down (closed on or 

after January 1, 2020, and before 

January 1, 2022) 

1.65 1.65 NA 

(C)(iii) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 5-down (closed on or 

after January 1, 2022, and before 

October 1, 2029) 

1.50 1.50 NA 

(C)(iv) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 5-down (closed on or 

after October 1, 2029) 

0.75 0.75 NA 

(D)(i) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 10-down (closed before 

January 1, 2020) 

1.25 1.50 NA 

(D)(ii) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 10-down (closed on or 

after January 1, 2020, and before 

January 1, 2022) 

1.40 1.40 NA 

(D)(iii) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 10-down (closed on or 

after January 1, 2022, and before 

October 1, 2029) 

1.25 1.25 NA 

(D)(iv) Loan described in section 

3710(a) to purchase or construct a 

dwelling with 10-down (closed on or 

after October 1, 2029) 

0.50 0.50 NA 

(E) Interest rate reduction refinancing 

loan 

0.50 0.50 NA 

(F) Direct loan under section 3711 1.00 1.00 NA 

(G) Manufactured home loan under section 3712 (other than an interest 

rate reduction refinancing loan) 

1.00 1.00 NA 

(H) Loan to Native American veteran 

under section 3762 (other than an 

interest rate reduction refinancing 

loan) 

1.25 1.25 NA 


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‘‘Type of loan Active duty 

veteran Reservist Other obligor 

(I) Loan assumption under section 

3714 

0.50 0.50 0.50 

(J) Loan under section 3733(a) 2.25 2.25 2.25’’. 

1 (c) WAIVER OF FEES FOR PURPLE HEART RECIPI2 ENTS.—Section 3729(c)(1) of such title is amended— 

3 (1) by striking ‘‘or from a surviving spouse’’ and 

4 inserting ‘‘, from a surviving spouse’’; and 

5 (2) by inserting before the period at the end the 

6 following: ‘‘, or from a member of the Armed Forces 

7 who is serving on active duty and who provides, on 

8 or before the date of loan closing, evidence of having 

9 been awarded the Purple Heart’’. 

10 (d) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply with respect to a loan guaranteed under 

12 section 3710 of title 38, United States Code, on or after 

13 January 1, 2020. 

14 (e) GUIDANCE.—Notwithstanding section 501 of title 

15 38, United States Code, the Secretary of Veterans Affairs 

16 may issue guidance to implement this section before pre17 scribing new regulations under sections 3703, 3729, and 

18 3762 of such title, as amended by this section. 


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1 SEC. 7. INFORMATION GATHERING FOR DEPARTMENT OF 

2 VETERANS AFFAIRS HOME LOAN APPRAISALS. 

3 (a) IN GENERAL.—Section 3731(b) of title 38, United 

4 States Code, is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(3) The Secretary shall permit an appraiser on a list 

7 developed and maintained under subsection (a)(3) to make 

8 an appraisal for the purposes of this chapter based solely 

9 on information gathered by a person with whom the ap10 praiser has entered into an agreement for such services.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply with respect to an appraisal under sec13 tion 3731 of such title, on or after January 1, 2020. 

14 (c) GUIDANCE.—Notwithstanding section 501 of such 

15 title, the Secretary of Veterans Affairs may issue guidance 

16 to implement this section before prescribing new regulations 

17 under sections 3731 of such title, as amended by subsection 

18 (a). 


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Union Calendar No. 36 

116TH CONGRESS 

1ST SESSION H. R. 299 

[Report No. 116–58] 

A BILL 

To amend title 38, United States Code, to clarify 

lic of Vietnam, and for other purposes. veterans who served in the vicinity of the Repubpresumptions relating to the exposure of certain 

MAY 10, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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